When a person is charged with drunk driving, it can have far-reaching implications. The potential consequences include fines, jail time, damage to personal relationships and the loss of driving privileges. For someone with a Commercial Driver’s License, the potential consequences also include the loss of employment. If you drive for a living, the loss of a CDL is essentially the same as losing your job.
If you have a CDL and have been charged with drunk driving, a DUI defense lawyer may be the only person standing between you and unemployment. The loss of driving privileges for a truck driver or bus driver can also be the loss of a job.
At the law firm of Katz & Phillips, P.A., our CDL drunk driving defense attorneys focus specifically on DUIs. Unlike some law firms that represent drunk driving defendants on occasion, our Florida DUI lawyers focus specifically on DUI defense. Like any skill, one gets better with practice, and at our law firm we have the experience that can make a difference.
In defending against DUI charges for those holding a Commercial Driver’s License (CDL) in Florida, certain legal strategies prove particularly effective.
One key approach is challenging the Blood Alcohol Concentration (BAC) testing methods. This can involve scrutinizing the accuracy of breathalyzer equipment, the conditions under which the test was administered, and the qualifications of the person who conducted the test. Inaccuracies in BAC testing can significantly impact the case, given the stringent 0.04% limit for CDL holders.
Another strategy is questioning the legality of the initial traffic stop. Defense attorneys may examine whether the law enforcement officer had a legitimate reason to make the stop. Without reasonable suspicion or probable cause, any evidence gathered during an illegal stop could be deemed inadmissible in court.
Additionally, disputing the officer’s observations is a common defense tactic. This can include contesting the officer’s assessment of signs of impairment or challenging the reliability of field sobriety tests, which can be subjective and influenced by various factors outside of intoxication.
These strategies, carefully executed, can be critical in defending CDL holders, as the stakes in such cases involve not only legal repercussions but also the potential loss of livelihood.
The blood alcohol concentration (BAC) limit for most drivers is 0.08 percent. For those with a CDL, the limit is set lower by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA has set the following alcohol limits for those with a Commercial Driver’s License:
Violation of any of these rules can result in the loss of a CDL, either temporarily or permanently. At Katz & Phillips, P.A., several of our CDL DUI defense lawyers are former criminal prosecutors. We believe this makes us better defense lawyers. Attorney David Katz is a former Assistant State Attorney and DUI/Intoxilyzer Specialist. Attorney James Phillips is also a former Assistant State Attorney who has successfully resolved hundreds of DUI cases. Attorney Elliott Wilcox is a former prosecutor who currently dedicates 100 percent of his courtroom practice to DUI defense. Attorney David Faulkner is also a former Assistant State Attorney and is a former Special Agent with the FBI (Federal Bureau of Investigation).
A Commercial Driver’s License is required for many types of driving professions. The FMCSA requires a CDL for the following types of jobs:
This is a partial list. If you have a CDL and depend on it for your livelihood, a Florida Commercial Driver’s License DUI defense attorney could be your best chance at not only avoiding the standard DUI consequences, but also avoid the loss of your CDL.
If you’re facing a CDL DUI charge in Florida, our team of dedicated lawyers is here to assist you. Understanding the complex and often daunting legal process that accompanies a DUI charge, especially for commercial drivers, our firm is committed to providing you with the support and guidance you need. You can reach out to us at (321) 332-6864 to schedule a conversation, or alternatively, contact us through our online platform for a more convenient approach.
We are proud to offer a free initial consultation, during which we will evaluate your case, answer any preliminary questions, and discuss potential defense strategies. This no-obligation consultation is designed to give you a clearer understanding of your legal situation and how we can assist in safeguarding your commercial driving privileges. Remember, early legal intervention can be crucial in CDL DUI cases, so don’t hesitate to reach out to us for expert legal support tailored to your unique circumstances.
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Contact the Law Offices of Katz & Phillips today to speak with one of our attorneys about your case today by filling out the form below, or call us at 321-332-6864.
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